May a Connecticut lawyer back up information relating to client representations online?
Apply this to your situation
This page answers the general question as of 2011. Ask about yours and see what the current Connecticut Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The Committee concluded that the Rules permit online backup of information relating to client representations, subject to duties imposed by Rules 1.6 and 1.15(b). The opinion does not address additional obligations imposed by statutes or other law governing personal information.
Much or all digital representation information is client property that must be safeguarded appropriately. All information relating to the representation is protected by Rule 1.6 and may not be revealed without informed consent unless an exception applies.
Before putting client information online, the lawyer needs a basic understanding of how digital information differs from paper, including the ease of copying, transmission, and alteration and the greater possibility of unauthorized, undetected access. The lawyer also needs to know where the information resides and which devices can access it.
Beyond that baseline, the Committee treats the reasonable measures needed to protect a particular digital backup as a matter of professional judgment. It noted that generally accepted professional standards had not yet developed and cited the ABA Commission on Ethics 20/20 technology work as a resource current at the opinion's date.
In practice
Under this opinion, online storage is not prohibited as a category. The analysis turns on the lawyer's understanding of the technology, storage locations, access paths, and safeguards needed to meet confidentiality and client-property duties.
Common questions
Q: May a lawyer back up client information online?
A: Yes, when the backup complies with Rules 1.6 and 1.15(b).
Q: Is digital client information treated as client property?
A: The opinion says much or all digital information relating to a representation constitutes client property requiring appropriate safeguards.
Q: What must the lawyer understand before using online storage?
A: The lawyer needs a basic understanding of digital copying, transmission, alteration, unauthorized-access risks, storage locations, and devices that can access the information.
Q: Does the opinion decide obligations under data-protection statutes?
A: No. It expressly excludes duties imposed by other law regulating personal information.
Q: Does the opinion prescribe one technical security standard?
A: No. It says the Rules do not specify how to safeguard digital information and leaves reasonable efforts beyond the stated baseline to professional judgment.
Background and rules framework
Rule 1.15(b) requires appropriate safeguarding of client property. Rule 1.6 protects all information relating to a representation from disclosure absent informed consent or another applicable exception.
Citations and references
Connecticut Rules of Professional Conduct:
- Rules 1.6 and 1.15(b)
Other authorities:
- ABA Commission on Ethics 20/20, Issues Paper Concerning Client Confidentiality and Lawyers' Use of Technology (Sept. 20, 2010)
See also
- CT Informal Op. 13-07: Cloud computing
- VSB LEO 1818: Electronic-only client files
- NY State Bar Op. 842: Online storage provider
Source
- Landing page: Connecticut Bar Association Informal Ethics Opinions
- Original PDF: Informal Opinion 11-03
What do the rules say today, for your facts?
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